Программа, методические указания и контрольные задания для студентов специальности «Юриспруденция» заочной формы обучения

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Подобный материал:

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Для правильного выполнения Задания №1 необходимо усвоить следующие разделы курса английского языка по любым учебникам:

1. Артикли. Множественное число и притяжательный падеж имен существительных. Предлоги как показатели падежных отношений. Порядок слов в английском предложении. Использование существительных в функции определения.

2. Степени сравнения имен прилагательных и наречия. Сравнительные конструкции.

3. Числительные.

4. Местоимения: личные, притяжательные, вопросительные, указательные, неопределенные и другие.

Формы настоящего, прошедшего и будущего времени

действительного залога изъявительного наклонения. Спряжение глаголов to be, to have в Present, Past, Future Indefinite.

6. Простое распространенное предложение: прямой порядок слов в

утвердительной и отрицательной форме; обратный порядок слов вопросительного предложения. Оборот "there + be".

Словообразование - основные суффиксы и префиксы.

Словосложение. Использование слов, одинаковых по форме, представляющих собой различные части речи.

После изучения всего указанного выше материала можно приступить к выполнению задания.

READING MATERIAL

Text I (A) Law

The English word 'law' refers to limits upon various forms of behavior. Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave. An example is the rather consistent law of gravity; another is the less consistent laws of economics. Other laws are prescriptive — they prescribe how people ought to behave. For example, the speed limits imposed upon drivers that prescribe how fast we should drive. They rarely describe how fast we actually do drive, of course.

In all societies, relations between people are regulated by prescriptive laws. Some of them are customs — that is, informal rules of social and moral behavior. Some are rules we accept if we belong to particular social institutions, such as religious, educational and cultural groups. And some are precise laws made by nations and enforced against all citizens within their power.

Customs need not to be made by governments, and they need not be written down. We learn how we are expected to behave in society through the instruction of family and teachers, the advice of friends, and our experiences in dealing with strangers. Sometimes, we can break these rules without suffering any penalty. But if we continually break the rules, or break a very important one, other members of society may ridicule us, act violently toward us or refuse to have anything to do with us. The ways in which people talk, eat and drink, work, and relax together are usually called customs.

Text 1 (В) Order

Order is rich with meaning. Let's start with "law and order". Maintaining order in this sense means establishing the rule of law to preserve life and to protect property. To the seventeenth-century philosopher Thomas Hobbes (1588—1679), preserving life was the most important function of law. He described life without law as life in a 'state of nature'. Without rules, people would live like predators, stealing and killing for personal benefit.

Members of every community have made laws for themselves in self-protection. If it were not for the law, you could not go out in daylight without the fear of being kidnapped, robbed or murdered. There are far more good people in the world than bad, but there are enough of the bad to make law necessary in the interests of everyone. Even if we were all as good as we ought to be, laws would still be necessary. How is one good man in a motorcar to pass another good man also in a motorcar coming in an opposite direction, unless there is some rule of the road?

Suppose you went to a greengrocery — and bought some potatoes and found on your return home that they were mouldy or even that some of them were stones, what could you do if there were no laws on the subject? In the absence of law you could only rely upon the law of the jungle.

Every country tries, therefore, to provide laws, which will help its people to live safely and comfortably. This is not at all an easy thing to do. No country has been successful in producing laws, which are entirely satisfactory. But the imperfect laws are better than none.

Text 1 (C) Legal systems

In order to understand why a particular country has a particular legal system, it is necessary to look at its history, political structure and social values. When there is political and social upheaval, one of the main concerns of a new government is to revise the legal system. Britain has had an unusual degree of political continuity. Despite civil wars in the fifteenth and seventeenth centuries and enormous social changes associated with industrialization, England and Wales have retained many laws and legal principles that originated eight centuries ago. On the other hand, most of the law of Japan, which experienced the rapid upheaval of the Meiji Restoration and foreign occupation after the Second World War, was developed within the last century.

Each country in the world, even each state of the United States, has its own system of law. However it is generally true to say that there are two main traditions of law in the world. One is based on English Common law, and has been adopted by many Commonwealth countries and most of the United States. The other tradition, sometimes known as Continental, or Roman law, has developed in most of continental Europe, Latin America and many countries in Asia and Africa, which have been strongly influenced by Europe. Continental law has also influenced Japan and several socialist countries.

Text 1 (D) Parliament of Great Britain

Officially the head of the state is the monarch. The power of the monarch is not absolute but constitutional. Parliament restricts it (the power of the monarch).

Parliament in Britain exists since 1265. It is the oldest Parliament in the world.

The functions of Parliament are: making laws; providing money for the government through taxation; examining government policy, administration and spending; debating political questions.

Every year Parliament passes about a hundred laws directly, by making Acts of Parliament. Because this can be a long process, Parliament sometimes passes a very general law and leaves a minister to fill in the details. In this way, it indirectly passes about 2,000 additional rules and regulations.

No new law can be passed unless it has completed a number of stages in the House of Commons and the House of Lords. The monarch also has to give a Bill the Royal Assent, which is now just a formality. Since 1707 no sovereign has refused a Bill. Whilst a law is still going through Parliament it is called a Bill. There are two main types of Bills - Public Bills which deal with matters of public importance and Private Bills which deal with local matters and individuals.

Public and Private Bills are passed through Parliament in much the same way. When a Bill is introduced in the House of Commons, it receives a formal first reading. It is then printed and read a second time, when it is debated but not amended. After the second reading the Bill is referred to a committee, either a special committee made up of certain members of the House, or to the House itself as a committee. Here it is discussed in detail and amended, if necessary. The Bill is then presented for a third reading and is debated. If the Bill is passed by the Commons it goes to the Lords, and provided it is not rejected by them, it goes through the same procedure as in the Commons. After receiving the Royal Assent the Bill becomes an Act of Parliament. In order to be enforced, it must be published in Statute form, becoming a part of Statute Law. The power of the Lords to reject a Bill has been severely curtailed. A money Bill must be passed by the Lords without amendment within a month of being presented in the House. The Act of 1949 provides that any Public Bill passed by the Commons in two successive parliamentary sessions and rejected both times by the Lords, may be presented for the Royal Assent, even though it has not been passed by the Lords. The Lords, therefore, can only delay the passage of a Public Bill, they cannot reject it.

Text 1 (E) The US Congress

The US Congress; the lawmaking arm of the federal government consists of two houses: the House of Representatives and the Senate. Any congressman in either house, or the president, may initiate new legislation.

The proposed legislation, or bill, is first introduced in the House of Representatives, then referred to one of the standing committees, which organizes hearings on it and may approve, amend or shelve the draft. If the committee passes the bill, it is considered by the House of Representatives as a whole. If passed there, it goes to the Senate for a similar sequence of committee hearings and general debate.

In cases of disagreement, the House of Representatives and the Senate confer together. Once passed by the Senate as a whole, the bill has to be examined by two more standing committees - the Committee on House Administration and the Senate Committee on Rules and Administration - and is then signed by the speaker of the House and by the president of the Senate.

Finally, it must be signed by the president, who has the right to veto it. If the president vetoes a bill, it can still become a law - but only if it is passed by a two-thirds majority in both houses of Congress.

Text 1 (F) Sources of Law in the USA

The unique characteristic of American law is that a very substantial part of it is not to be found in statutes enacted by legislatures but rather in cases decided by the courts.

In the USA statutes must be in keeping with the constitutions — federal an state — and the courts can overrule a statute that is found to violate constitution provisions. Statutes and constitutions are classified as "written law". Also include under this heading are treaties that by the federal constitution are also a part of the law of the land. Case law, as opposed to written law, is not set forth formally but isderived from an analysis of each case that uncovers what legal propositions the case stands for. It is nor proper to call this "unwritten" law because it is in fact in writing. However, it must be distinguished from statutory law in that it is not the product the legislature but is rather the product of the courts. When a court decides a case particularly upon an appeal from a lower-court decision, the court writes an opinion setting forth among other things the reasons for its decision. From these written opinions rules of law can be deduced, and these make up the body of what is called case law or common law. The basic characteristic of the common law is that a case once decided establishes a precedent that will be followed by the courts when similar controversies are later presented.

A third source of law is administrative law. Federal, state, and local administrative agencies make law by promulgating rules and regulations as well as by making decisions concerning matters under their jurisdiction.

ВАРИАНТ I

Перепишите данные ниже предложения. Определите по

грамматическим признакам, какой частью речи является слово, оформленное окончанием - s, и какую функцию это окончание выполняет, т.е. служит ли оно:

а) показателем З лица ед. ч. в Present Indefinite,

б) признаком множественного числа имени существительного,

в) показателем притяжательного падежа имени существительного. Переведите на русский язык.

1. Fortunately the news wasn’t as bad as we had expected. 2. The Bill of Rights contains much useful information. 3. They shake each other’s hand as if nothing were wrong. 4. Criminals don’t obey laws. 5. The investigator searches the crime scene according to the rules. 6. She got secret information about new weapons of mass destruction during the war.

2. Перепишите следующие предложения, содержащие разные формы сравнения, и переведите на русский язык.

1. The more we know about law the more control we get over it. 2. I bought the latest edition of today’s paper and read about these most terrible crimes. 3. Let’s take this way, it’s a mile shorter than that one. 4. Jane was as nervous as I once had been before the interview. 5. The pollution in our town isn’t bad as it used to be, and crime and corruption have become less serious problems; things are getting better.

3. Перепишите и письменно переведите предложения, обращая внимание на перевод неопределенных местоимений и наречий.

1. Also some crimes become suddenly fashionable. 2. The lecturer will tell us something about the history of Great Britain. 3. Somebody stole my umbrella at the cinema yesterday. 4. Do the members of the Congress have any special privileges? 5. Some people think that it is disgraceful that a censor should interfere with works of art. 6. Vetoes were sometimes cast by a president, but only when the president believed the law was not only unwise but unconstitutional. 7. They have an interest in reporting whatever they wish, whenever they wish, which certainly erode government's efforts to maintain order.

4. Перепишите данные предложения, определите в них видо-временные формы глаголов и укажите их инфинитив. Переведите предложения на русский язык.

l. The main task of a crime scene search is to establish evidence of guilt against a suspected person. 2. People install a burglar alarm so that to protect their property. 3. It was a quarter past seven when two men dressed in all black, entered the bank and drew the pistols. 4. If the jurors find her guilty she’ll spend 5 years imprisonment. 5. It’s hard to say if she finds out the lost. She is so inattentive.

5. Прочтите и устно переведите оба абзаца текста. Перепишите и письменно переведите текст до слов " In Britain...".

The laws in most countries places more emphasis upon marriages legally registered than social arrangements whereby people live together. In Japan, some couples prefer not to register their marriage because the law requires one of them to give up his or her name in favor of the other. The birth and residence documentation of children born to such marriages is different from that of other children and sometimes leads to discrimination.

In Britain, children born outside legitimate marriages have fewer rights to financial support from estranged fathers than legitimate children. In addition, if they are born outside the UK, they are less likely than legitimate children to be granted British citizenship. Their fathers have no automatic right to have contact with them. Some welfare payments are calculated on a different basis according to whether recipients are married or not, and more procedures are available to a married woman than an unmarried one in seeking protection from domestic violence.

6. Прочтите 2й абзац текста. Из приведенных ниже вариантов

ответов укажите номер предложения, содержащего правильный ответ на вопрос: Which children have fewer rights to financial support and to be granted British citizenship in Britain?

Children born outside marriages legally registered.
Children born outside their country.
Children born outside legitimate marriages and the UK.

Перепишите данные предложения, определите в них видо-

временные формы глаголов, укажите их инфинитив. Переведите предложения на русский язык.

1. Evidence is facts legally collected and presented to the court. 2. They made the customers lie on the floor and forced the cashier to put the money in a sack. 3. The defendant provides facts to show something is true. 4. Her farther warned her about not going out late at night. 5. When the jury deliberation begins the jury will get the judge’s instructions.

5. Прочтите и устно переведите оба абзаца текста. Перепишите и письменно переведите текст до слов " Much of the work....".

In some societies the family is thought to be so important that there is very little legal intervention in family life. But in many parts of the world, the law now promotes the rights of individuals within the family unit, and regulates family relations through legislation. In Sweden, parents can be prosecuted for physical punishing their children and children have a limited capacity to divorce their parents. In Britain, as in many countries, there are special family courts with very strong powers to control and transfer private property in the interests of children. Much of the work of other courts is also directly relevant to family life.

Divorce proceedings in England take place in certain Country Courts known as divorce county courts. Some matters are also dealt with in the Family Division of the High Court. It is necessary for one of the parties to convince the court that the marriage has broken down without any chance of reconciliation.

6. Прочтите 2й абзац текста. Из приведенных ниже вариантов ответов укажите номер предложения, содержащего правильный ответ на вопрос What is necessary for one of the parties?

To make the court believe that the marriage has a chance of reconciliation.
To make the court believe that the marriage hasn’t any chance of reconciliation .
To convince the court that the marriage has broken down.

7. Переведите письменно на русский язык предложения, содержащие латинские выражения.

1. Terra incognita is a term used in cartography for regions that have not been mapped or documented 2. . Sometimes you hear that many politicians vote for a bill in various forms before they vote against it, or vice versa. 3. Logical propositions are such as can be known a priori without study of the actual world. 4. Under the Vienna Convention on Diplomatic Relations Article 9, a receiving State may "at any time and without having to explain its decision" declare any member of a diplomatic staff persona non grata.

ВАРИАНТ III

1. Перепишите данные ниже предложения. Определите по грамматическим признакам, какой частью речи является слово, оформленное окончанием - s, и какую функцию это окончание выполняет, т.е. служит ли оно:

а) показателем 3 л. ед. ч. в Present Indefinite,

б) признаком множественного числа имени существительного,

в) показателем притяжательного падежа имени существительного. Переведите на русский язык.

1. Everywhere in the world, people have rules, laws, and customs that work best for them. 2. The defendant provides facts to show something is true. 3. The war changed people’s ideas about many things. 4. The investigator analyses footprints, fingerprints, impressions, traces and other physical evidence. 5. We should have less delinquency if people married more wisely, if parents knew better how to deal with their children’s personal problems. 6. Johnson’s legal fees amounted to over $ 2.5 million.

2. Перепишите следующие предложения, содержащие разные формы сравнения, и переведите их на русский язык.

1.The sooner he comes to the lawyer the quicker he gets the necessary information . 2. The solution of this problem is twice as simple as they think. 3. Here it is the latest news from the Middle East. The situation there hasn’t got much better, has it? 4. We should have less delinquency if people married more wisely, if parents knew better how to deal with their children’s personal problems. 5. The longer I listened to the speech of the barrister, the more I liked it.

3. Перепишите и письменно переведите предложения, обращая внимание на перевод неопределенных местоимений и наречий.

1. A human right is one to which people all over the world are entitled whatever their nationality and wherever they live. 2. For some people, the image of a lawyer is someone who leads a very wealthy and comfortable life. 3. The loss may be something concrete, such as damage to a reputation resulting from a libellous publication. 4. A trust is an agreement whereby property is held and controlled by someone behalf of someone else. 5. Since its members are themselves solicitors some people fear that it may not be completely impartial. 6. Here are some of the things you can do wrong for which you will be punished with a fine, or with the loss of your license, or even prison. 7. Solicitor told us about some interesting facts from his practical work.

4. Перепишите данные предложения, определите в них видо-временные формы глаголов, укажите их инфинитивы, переведите на русский язык.

1. A Constitution is the basic law of a state. 2. The manslaughter is that who kills somebody by accident 3. Travel agents told tourists about the dangers of crime at holiday resorts. 4. The students will take an active part in the preparation for the conference. 5. Before the judge gives instructions to the jurors the counsels for the prosecution and defense will present their evidence.

5. Прочтите и устно переведите оба абзаца текста. Перепишите и письменно переведите текст до слов " In the past...".

In English law, some marriages may be readily dissolved, or nullified. In other cases, a couple may seek a divorce. The procedure may be lengthy, especially if one does not want to get divorced or if there are children. In no case will English law allow divorce proceedings to start within a year of the marriage, since it is thought this is too soon for the marriage to have tested itself.

In the case of property, the courts have to find a balance between two principles. One of that any division should fairly reflect how much each party contributed to the property they held together. In the past, some women suffered when they separated from their husband because the house they lived in was bought with his money and registered in his name. Nowadays, courts look beyond legal ownership and cash contributions. Work done in the home, time spent caring for the family, even emotional support, are all considered as giving some rights to property.

6. Прочтите 2-й абзац текста. Из приведенных ниже вариантов

ответов укажите номер предложения, содержащего правильный ответ на вопрос Between what two principles do the courts have to find a balance in the case of property?

How much is the house cost and how many people live there.
How much is contributed to the property by each party and legal ownership.

3) Time and money spent caring the house.

7. Переведите письменно на русский язык предложения, содержащие латинские выражения.

1. Terra incognita is a term used in cartography for regions that have not been mapped or documented 2. . Sometimes you hear that many politicians vote for a bill in various forms before they vote against it, or vice versa. 3. Logical propositions are such as can be known a priori without study of the actual world. 4. Under the Vienna Convention on Diplomatic Relations Article 9, a receiving State may "at any time and without having to explain its decision" declare any member of a diplomatic staff persona non grata.

КОНТРОЛЬНОЕ ЗАДАНИЕ № 2

CLASSIFICATIONS OF LAW

Для правильного выполнения Задания №2 необходимо усвоить следующие разделы курса английского языка по любым учебникам:

1. Видо-временные формы глагола:

а) активный залог (the Active Voice) для форм Continuous (Present,

Past, Future) и Perfect (Present, Past, Future)

б) пассивный залог (the Passive Voice) для форм Indefinite,

Continuous, Perfect (Present, Past, Future). Особенности перевода пассивного залога на русский язык.

2. Модальные глаголы и их эквиваленты:

а) модальные глаголы can (could), may (might), выражающие возможность, и эквивалент глагола can - to be able to

б) модальный глагол must, выражающий долженствование, и его эквиваленты to be to, to have to.

3. Простые неличные формы глагола: Participle I (Present Participle),

Participle II (Past Participle), Infinitive в функциях определения и обстоятельства.

4. Основные правила согласования времен в английском языке. Перевод на русский язык главных и придаточных предложений при согласовании времен.

5. Функции и значение слов if, that, since, as. Выделение отдельных членов предложения при помощи оборота it is (was).,....... that (when, how, who, where). Функции глаголов to have, to be, to do.

После изучения материала можно приступать к выполнению задания.

READING MATERIAL

Text 2 (A) Classifications of Law

In order to understand the many different aspects of law it is helpful to look at the various areas or classifications of law. There are many legal principles or rules of law that are found in statutes, cases decided by courts, and other sources that are applied by the courts in order to decide lawsuits, and these rules or principles of law are classified as substantive law. On the other hand, the legal procedures that provide how a lawsuit is begun, how the trial is conducted, how appeals are taken, and how a judgment is enforced are called procedural law. In other words, substantive law is that part of the law that defines rights, and procedural law establishes the procedures whereby rights are enforced and protected. For example, A and В have entered into an agreement, and A claims that В has breached the agreement. The rules that provide for bringing В into court and for the conduct of the trial are rather mechanical and they constitute procedural law. Whether the agreement was enforceable and whether A is entitled to damages are matters of substance and would be determined on the basis of the substantive law of contracts.

Law is also frequently classified into areas of public and private law. Public law includes those bodies of law that affect the public generally; private law includes the areas of the law that are concerned with the relationship between individuals.

Public law may be divided into three general categories: (1) constitutional law which concerns itself with the rights, powers, and duties of federal and state governments under the U.S. Constitution and the constitutions of the various states; (2) administrative law, which is concerned with the multitude of administrative agencies, such as the Interstate Commerce Commission, the Federal Trade Commission and the National Labor Relations Board; and (3) criminal law, which consists of statutes and general maxims that forbid certain conduct as being detrimental to the welfare of the state or society generally and provides punishment for violations of these laws.

Private law is that body of law that pertains to the relationships between individuals in an organized society. Private law encompasses the subjects of contract torts, and property. Each of these subjects includes several bodies of law. For example, the law of contracts may be subdivided into the subjects of sales, commercial paper, agency, and business organizations. The major portion of this text covers these subjects, which constitute the body of law usually referred to as business law.

The law of torts is the primary source of litigation in the country and is also a part of the total body of law in such areas as agency and sales. A tort is a wrong committed by one person against another or his property. The law of torts is predicated upon the premise that in a civilized society people who injure other persons of their property should compensate them for their loss.

The law of property may be thought of as a branch of the law of contracts, but in many ways our concept of private property contains much more than the contract characteristics. Property is the basic ingredient in our economic system, and the subject matter may be subdivided into several areas such as wills, trusts, estates in land, personal property, bailments, and many more.

Text 2 (B) Civil and Public Law

In many countries a distinction is made between private (or civil) and public law. Civil law concerns disputes among citizens within a country, and public law concerns disputes between citizens and the state, or between one state and another.

The main categories of English civil law are:

Law of Contracts; binding agreements between people (or companies);

Law of Torts: wrongs committed by one individual against another individual's person, property or reputation;

Law of Trusts, arrangements whereby a person administers property for another person's benefit rather than his own Land Law;

Probate Law: arrangements for dealing with property after the owner's death;

Family Law.

The main categories of public law are:

Criminal Law: wrongs which, even when committed against an individual, are considered to harm the well-being of society in general;

Constitutional Law: regulation of how the law operates and of the relation between private citizen and government;

International Law: regulation of relations between governments and also between private citizens of one country and those of another.

In codified systems there are codes that correspond to these categories, for example, France's Code Civil and Code Penal. Justinian's Roman codes covered such areas of law as contracts, property, inheritance, torts, the family, unjust enrichment, the law of persons, and legal remedies, but said little about criminal law. Consequently, most Continental criminal codes are entirely modern inventions.

Most countries make a rather clear distinction between civil and criminal procedures. Although some systems, including the English, allow a private citizen to bring a criminal prosecution against another citizen, criminal actions are nearly always started by the state. Civil actions, on the other hand, are usually started by the individuals.

In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms. Brown would be described as "The People vs.(= versus, or against) Brown" in the United States and "R. (Regina, that is, the Queen) vs. Brown” in England. But a civil action between Ms. Brown and Mr. White would be “Brown vs. White” if it was started by Brown, and “White vs. Brown” if it was started by Mr. White.

NOTES:

Family Law - семейное право.

Law of Contracts - договорное право;

Law of Torts - деликтное право;

Law of Trusts - доверительное право, правовые нормы о доверительной собственности

Probate Law - право о наследовании

Criminal Law - уголовное право

Constitutional Law - конституционное право

International Law - международное право

Text 2 (C) Constitutional Law

We considered how the state regulates the behavior of individuals in society by providing rules to be obeyed (criminal law) and procedures for them to solve disputes among each other (civil law). There are also laws which enable citizens to take legal action against the state - against, for example, a public authority or even against the government itself. These actions are part of constitutional law.

As knowledge of the law has increased among the general public, so have the number and range of constitutional law cases. In 1991, an unmarried couple complained in the Tokyo District Court that it was unconstitutional for the local authority to register their daughter as illegitimate. They said this could lead to discrimination and was against the equality of individuals guaranteed in the Japanese Constitution.

A constitution is the political and ideological structure within which a system of laws operates. Most countries have a formal written Constitution describing how laws are to be made and enforced. The French Constitution, for example, sets a seven year term of office for the president; the U.S. constitution sets a four уear term. In Switzerland, a referendum (national vote) must be held on any issue for which a petition signed by 10,000 people has been gathered; in Ireland, referenda are to be used only in the case of changes in the constitution itself. In Germany, a change in the constitution requires a special majority vote in parliament, not the simple majority necessary for other laws. Many other countries put the constitution above other laws by making it difficult to change.

One of the reasons for having special constitutional laws is to prevent governments from becoming too powerful and from interfering too much in the lives of individuals.

As a check, upon overpowerful government most modern constitutions have adopted the principle of separation of powers, developed in the 18^th century by the French political philosopher Montesquieu.

Montesquieu argued that the functions of the state could be divided into policy formulation and direction (executive), — lawmaking (legislative), and interpretation and application of the law (judicial). To stop governments from becoming too powerful these functions should be carried out by separate institutions, and there should be a balance between them. In the United States, for example, the president (executive) is elected by the people and attempts to carry out his policy promises through a presidential office of advisers. The Constitution gives him many important powers, such as control of the armed forces and appointment of Supreme Court justices, but many of his decisions and all new legislation must be approved by a majority in Congress (legislature), which is also elected by the people. Many presidents have had important policies blocked by Congress. The Supreme Court (judiciary) has the task of interpreting laws which have been disputed in lower courts, and of deciding whether a law passed by Congress or by one of the individual states is in keeping with the Constitution.

ВАРИАНТ I

Перепишите предложения. Подчеркните глагол-сказуемое в каждом из них и определите его видо-временную форму и залог. Переведите предложения на русский язык. Например: will be said – Future Simple Passive. В разделе (B) обратите внимание на особенности перевода пассивных конструкций.

А). 1. The doctrine of judicial review is the heart of the concept of separation of powers. 2. Local officials are reminding people to obey the law and not sell fireworks to children under sixteen. 3. I just assumed that life was fair but of course there’s no justice in this life. 4. Continental systems are sometimes known as codified legal systems.

B). 1. The expert supposes that both crimes might have been committed by the same person. 2. All institutions of Law of Contracts of England developed mainly due to the court practice. 3. The advice of your solicitor should not be ignored. 4. The judge will have been appointed by the beginning of the trial. 5. The Scots proclaimed James Stuart as the legitimate heir to the British throne. 6. The Parliament had been dissolved before the general election. 7. Today his appeal has been rejected by the higher court. 8. All marks of identification had not been destroyed; the investigation was in progress 9. It means that the contractor has the right to sue, i.e. the agreement is binding in law. 10. When the policemen were in the room, an envelope was brought to the owner of the room.

2. Перепишите предложения; подчеркните Participle I, Participle II и установите функции каждого их них, т.е. укажите, будет ли оно определением, обстоятельством или составной частью глагола-сказуемого. Предложения переведите.

1. The information provided by him is very reliable. 2. Returning home he was arrested. 3. They reached the scene of crime deserted by the criminals. 4. The jury are reaching the verdict. 5. The wounded man bound his cut with a piece of cloth.

3. Перепишите и письменно переведите следующие предложения; подчеркните в них модальные глаголы и их эквиваленты.

1. When Parliament passes a new law, it has to be examined very carefully to make sure that it doesn’t contradict previous law unless there is full and clear intention to do so. 2. The solution of the question of the burden of taxes can’t be endlessly removed. 3. Some politicians must have forgotten all the horrors of the World War II reviving fascism in new forms. 4. If the suspect is hostile, the investigator should determine the reason for his hostility. 5. The family status of early Roman jurisconsults may have been more important than their legal expertise.

4. Перепишите следующие предложения и переведите их, учитывая различные значения слов it, that, since, one, for, as.

1. I consider it’s important to call a witness today. 2. It was at the club where I often met that suspected person. 3. One should follow the traffic rules. 4. Since this defeat many women have been discouraged. 5. In theory he has committed an offence by firing an unlicenced shotgun, and he should be prosecuted for this 6. She had the idea that she should be a witness for the prosecution.

5. Перепишите следующие предложения, обращая внимание на различные значения глаголов to do, to be, to have. Переведите предложения на русский язык.

1. The driver had to be fined for excess speed. 2. The idea of human rights secured more opportunities than humanity had before. 3. In those times I was always present at the trials. 4. The police have weighed all the evidence and have found the accused guilty. 5. There can be no justification for such rude behaviour. 6. Do they say that capital punishment will have been abolished by the beginning of December?

6. Перепишите следующие предложения, обращая внимание на функции инфинитива. Переведите предложения на русский язык.

1. This crime must be investigated as soon as possible.2. The judge asked the witness to keep to the point 3. She was glad to hear their confession. 4. The lawyer wanted to be informed about new evidence. 5. The problem was too complicated to be settled immediately.

7. Перепишите следующие предложения, принимая во внимание правила согласования времен и бессоюзное подчинение. Переведите предложения на русский язык. При переводе обратите внимание на тот факт, что в русском языке правила согласования времен отсутствуют.

1. He asked if all barristers could make much money.2. The secretary when asked about the difference between a solicitor and a barrister said that solicitors could appear in the lower courts of justice and could speak for their clients. 3. This person wanted to know if it was the solicitor who collected any evidence that was needed. 4. He said that he ha represented professional interests of the police service in a trade union the previous year.

8. Переведите текст письменно, используя словарь.

Classification of Crimes

Historically crimes are classed as treasons, felonies and misdemeanours, but there exist other classifications: indictable (преследуемый по обвинительному акту) offences and offences punishable on summary conviction and the classification based on the immediate objects ol the crimes (against the State and Public Order, property, reputation and so on).

Felony, i.e. any of the more serious crimes such as murder, larceny, rape, arson and aggravated assault, formerly punishable by death and forfeiture of property but in England is now punishable in the same way as misdemeanours except in the few surviving instances in which capital punishment still exists (treason and specases of murder).

The former importance of the distinction between felony and misdemeanou is now reduced to a few minor procedural differences, such as the larger powers of arrest for suspected felony.

In the United States the distinction between a felony and a misdemeanour lies in how it is punishable, not the degree of infamy of the offence. All crimes which are not felonies or treason are misdemeanours punishable by a fine or by imprisonment other than in a prison. Originally a misdemeanour was a crime not resulting in the forfeiture of property in conviction, and at one time all felonies were punishable more severely than misdemeanour (usually by death). Today, however, some misdemeanours are punishable in England more severely than some felonies, though never by death. Examples of misdemeanours are perjury, obtaining money by false pretences, and conspiracy.

ВАРИАНТ II

Перепишите предложения, подчеркните в каждом из них

глагол-сказуемое и определите его видовременную форму и залог. Переведите предложения на русский язык. Например: has been found – Present Perfect Passive. В разделе (B) обратите внимание на особенности перевода пассивных конструкций.

А) 1. Safe disposal of industrial waste is a legal requirement. 2. He made a long speech in justification on his actions. 3. Any person in this country is assumed to know the law, even a foreign visitor. 4. The indictment is a document which is read to the accused telling him what he is charged with. 5. Both of them are studying law at university.

B) 1. If a crime is committed in the presence of a person son, whether a police officer, or not, he will be guilty of a misdemeanor if he fails to arrest the criminal. 2. Any person under 18 who commits an offence will usually be tried at a Youth Court, unless the offence is very serious. 3. The term “Summary offences” is used to describe an offence which can only be tried by Magistrates’Court.4. Several countries have questioned the legitimacy of the new government. 5. The identity of the criminal may have been discovered by eyewitnesses testimony. 6. All the evidence at the crime scene must be found, collected and preserved. 7. The jury brought in a verdict of guilty against these parts, which were sentenced to 2 years imprisonment with hard labour in the state prison. 8. I’ve been robbed twice already and I’m afraid to leave my flat when it becomes dark. 9. The singer has filed a $ 100 million lawsuit against his record company. 10. The man was tried, found guilty and sent to prison.

2. Перепишите предложения, подчеркните Participle I, Participle II и установите функции каждого из них, т.е. укажите, будет ли оно определением, обстоятельством или составной частью глагола-сказуемого. Предложения переведите.

1. The data saved in the police data base are very important for the detective. 2. Standing in the witness box he was giving evidence. 3. Outside London the police are local forces, employed and paid by countries. 4. The boy running along the street was a pickpocket. 5. When charged of murder, he was arrested.

3. Перепишите и письменно переведите следующие предложения; подчеркните в каждом из них модальный глагол и его эквивалент.

1. Either partner can institute criminal proceedings against the other. 2. He (the advocate) must not identify with his client’s possible willingness to tell untruths. 3. If incidental disputes concerning procedure have to be litigated, the barrister is likely to conduct the proceedings. 4. At the end of the prosecution case, the defence may make a submission of “no case to answer”. 5. Counsels should not press for conviction in any circumstances, but should proceed impartially to ensure that justice is done.

4. Перепишите следующие предложения и переведите их, учитывая различные значения слов it, that, since, one, as.

1. It is the evidence of the witness that should be examined carefully. 2. It’s impossible to catch those suspects who were supposed to be bank robbers. 3. One should have a licence to own a gun. 4. Since those times I was always present at the trials. 5. History proves that the moderates are usually defeated and radicals or extremists take over power. 6. As the debate about capital punishment continues, the phenomenon of death row (people sentenced but still alive) increases.

5. Перепишите следующие предложения, обращая внимание на различные значения глаголов to do, to be, to have. Переведите предложения на русский язык.

1. The factory was closed because of staff strike. 2. The witness claimed he hadn’t seen the accused before. 3. That was a dangerous thing to do. 4. Jack used to be a member of a jury. 5. It may be said of the reigning dynasties of Modern Europe that they have survived only because they failed to retain or to acquire effective powers of government. 6. Fortunately the news wasn’t as bad as we had expected.

6. Перепишите следующие предложения, обращая внимание на функции инфинитива. Переведите предложения на русский язык.

1. You should be extremely attentive to this dangerous person. 2. Smith was the last to be arrested. 3. The lawyer advised his client to prepare all the documents. 4. They had no intention to commit a crime. 5. To interrogate the accused is a difficult task.

7. Перепишите следующие предложения, принимая во внимание правила согласования времен и бессоюзное подчинение. Переведите предложения на русский язык. При переводе обратите внимание на тот факт, что в русском языке правила согласования времен отсутствуют.

1. He wondered if someone might need a barrister in the High Court. 2. The man asked if a solicitor could appear for his client in the higher courts of justice. 3. He inquired what other ways were for a barrister if he didn't get briefs' to earn money. 4. He was interested to know when a barrister could ask to be made a Queen's Counsel, or Q.C.

8. Переведите следующий текст письменно, используя словарь.

Criminal Law

Criminal law is categorized as a part of public law - the law regulating the relations between citizens and the state. Crimes can be thought of as acts which the state considers to be wrong and which can be punished by the state.

In many legal systems it is an important principle that a person cannot be considered guilty of a crime until the state proves he committed it. The suspect himself need not prove anything, although he will of course help himself if he can show evidence of his innocence. The state must prove his guilt according to high standards, for each crime there are precise elements which must be proven. In codified systems, these elements are usually recorded in statutes. In common law systems, the elements of some crimes are detailed in statutes; others, known as “common law crimes", are still described mostly in case law. Even where there is a precise statute, the case law interpreting the statute may be very important since the circumstances of each crime may be very different.

For example, the crime of theft is defined in England under the 1968 Theft act as: "dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it".

There are further definitions of each element of the definition, such as appriating, which may mean taking away, destroying, treating as your own, and selling. The same Act also defines in detail crimes such as burglary (entering someone’s land without permission intending to steal or commit an act of violence) and robbery (using force or threats in order to steal from someone). Although the Theft Act was intended to cover many possible circumstances, it is still often necessary for the courts to refer to case law in order to apply the Act to a new case.

ВАРИАНТ III

Перепишите предложения, подчеркните в каждом из них

глагол-сказуемое и определите его видовременную форму и залог. Переведите предложения на русский язык. Например: are paid – Present Simple Passive. В разделе (B) обратите внимание на особенности перевода пассивных конструкций.

А). 1. Governments usually require all individuals to conform to the laws they make. 2. Anne is practicing law now. 3. Trespassers will be prosecuted. 4. The government policy will depend upon the political and economic ideology adopted by the government. 5. Neither the government nor any official is above the law.

B). 1. My car has been stolen and abandoned. 2. These problems were being discussed by lawyers for many months. 3. Such criminal cases are usually tried by district courts 4. Appeals and protests against sentences and decisions of Courts of First Instance are examined by Counts of Second Instance. 5. The criminal case was decided according to the laws of the state. 6. The accused is guaranteed the right to defence.7. The verdict must be passed by the jury and the sentence must be passed by the judge.8. The hearing of the case will be postponed 9. The unlawful decision was appealed against by the procurator last week. 10. Penalties are imposed on guilty persons according to the law.

2. Перепишите предложения, подчеркните Participle I, Participle II и установите функции каждого из них, т.е. укажите, будет ли оно определением, обстоятельством или составной частью глагола-сказуемого. Переведите предложения на русский язык.

1. An arrested person has a statutory right to consult a solicitor. 2. The man standing before a judge is a criminal. 3. In Scotland the police may detain and question a suspected person for a period of up to six hours. 4. This is the article describing the crime of murder. 5. Anyone arrested must be brought before a court with the least possible delay.

3. Перепишите и письменно переведите следующие предложения; подчеркните в каждом из них модальный глагол или его эквивалент.

1. It is an old debate, whether an effective system of law can be imposed from above or must grow “organically” from below. 2. Hearsay evidence must be excluded on grounds of unreliability. 3. The advocate is to fight for the rights of his clients, but only up to the point where an honourable person could fairly put the case on his own behalf. 4. Legislation needs to be expressed in language readily comprehensible by judges and lawyers. 5. The “alibi warning” notice must be given to the prosecution if an alibi defense is to be relied upon.

4. Перепишите следующие предложения и переведите их, учитывая различные значения слов it, that, since, one, as.

1. It was a quarter past seven when two men dressed in all black, entered the bank and drew the pistols. 2. It is significant that there were different understanding of the means to achieve these ideals. 3. One must tell the truth in the court. 4. As I don’t know the witness I can’t believe him. 5. Since that time she became to get secret information about new weapons of mass destruction during the war. 6. Supporters of capital punishment believe that death is a just punishment for certain serious crimes.

5. Перепишите следующие предложения, обращая внимание на различные значения глаголов to do, to be, to have. Переведите предложения на русский язык.

1. The gangs were chasing him again. 2. There have been two main theories in the study of international law: the natural law approach and the positivist movement 3. At the very moment the suspect is being interviewed by the police. 4. Do the police know about the stolen money? 5. You are always complaining about my reports. 6. Muggers used to attack people in this park before a police station was established nearby.

6. Перепишите следующие предложения, обращая внимание на функции инфинитива. Переведите предложения на русский язык.

1. To interrogate the accused the investigator looked through all information about the crime. 2. To make a long story short means to keep to the point and to be brief. 3. There is no need for him to appear in the court-room. 4. There is no reason for him to change anything in his life. 5. She tried to make long story short.

7. Перепишите следующие предложения, принимая во внимание правила согласования времен и бессоюзное подчинение. Переведите предложения на русский язык. При переводе обратите внимание на тот факт, что в русском языке правила согласования времен отсутствуют.

1. The judge told us what crime the accused would be guilty of, if the evidence supplied by the prosecution was true. 2. When the judge had finished his summing up, he asked the jury to consider their verdict. 3. I inquired what one had to do if he needed a barrister in the High Court. 4. My friend wondered what he was supposed to do, if he got into trouble with the law in England.

8. Переведите следующий текст письменно, используя словарь.

Criminal Law in England

In English law there is a rather long common law definition of murder. The unlawful killing of a human being under the Queen's Peace, with malice aforethought, so that the victim dies within a year and a day.

Malice aforethought refers to the mens rea of the crime and is a way of saying that the murderer intended to commit a crime. Of course, the court can never know exactly what was in the head of the killer at the time of the killing, so it has the difficult task of deciding what his intentions must have been. The judgements in many recent cases show that English law is constantly developing its definition of intent.

Although most criminal laws in the world refer to acts of violence or theft, there are laws regulating almost every kind of human behavior: for example, what we do with our land; what we say and write; how we run our businesses; even what we wear. Sometimes governments "create new crimes" by identifying a form of behavior and passing a new law to deal with it. In most industrialized countries existing theft laws were not adequate to deal with computer crimes where complex kinds of information are stolen, altered or used to deceive others and thus, new laws have been passed. Technical change is one reason why the criminal law is one of the fastest growing areas of the law. Another reason is that the number of crimes committed in some countries seem to be increasing rapidly - although sometimes it is not clear whether people are breaking the law more, being caught more, or reporting other people's crimes more. One more reason is that different societies, or perhaps it is different governments, continually review their ideas of what should and shouldn’t be a considered crime.

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Text 1 (C) Legal systems